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HomeMy WebLinkAboutMinutes_P&Z_05.07.2002MINUTES PLANNING AND ZONING COMMISSION TUESDAY, MAY 7. 2002, 6:00 P.M. Acting Chair, Richard Glasco, called the meeting to order at 6:30 p.m. Members present: Richard Glasco, Vice-Chair; Chris Aadnesen, John Kirby, Audrey McDonald, Robert Seamans; Johnny Anderson, Alternate; Linda Turner, Alternate. Members Absent: Marjorie Herbert, Chair; Gabe Sansing Staff Present: Amelia Sondgeroth, Director of Planning and Development Services, Bobby Ray, Chief Development Planner, Melissa McCollum, Development Planner; Carla Benton, Development Planner, David Munk, Development Engineer, Steve O'Neal, Commercial Building Planner, and Karen Frost, Administrative Manager/ Recording Secretary. 1. Action from Executive Session - None. Consent Agenda 2. Consideration of the Minutes of the March 19, 2002, Special Meeting and the April 22, 2002, Special Meeting of the Planning and Zoning Commission. 3. Consideration and possible action on a Public Hearing for Public Review Final Plat for 55.45 acres of land out of the John Sutherland and the C. Joyner Surveys, to be known as Estates of Westlake, located along Highland Spring Lane, with variances to the Subdivision Regulations. 5. Consideration and possible action on a Public Hearing for a Public Review Final Plat of 15.05 acres out of the William Addison Survey, to be known as University Park, Unit Two, Section 1, Phase A, located on the East side of Southwestern Boulevard. 6. Consideration and possible action on a request for approval of access to allow driveways to be located on both Dawn Drive and River Bend Drive for Williams Commercial Park, Block A, Lot 1, located at Dawn Drive and River Bend Drive. 7. Consideration and possible action on a Public Hearing for a Public Review Final Plat for 29.893 acres, out of the Burrell Eaves, the Frederick Foy and the Daniel Monroe Surveys, to be known as Sun City Georgetown, Neighborhood Thirty-Four, located along Sun City Boulevard. Item 10 was pulled completely from the agenda at the applicant’s request. Items 4 and 7 were pulled from the Consent Agenda for separate discussion. Commissioner Aadnesen stated that he was not present at one of the meetings that required approval of the minutes so would not be able to vote for item 2 unless it was pulled. Motion by Commissioner Seamans to approve the minutes and the consent agenda items that were not pulled. Second by Commissioner McDonald. Approved 5-0. Commissioner Aadnesen abstained. Regular Agenda 4. Consideration and possible action on a Public Hearing for a Record Final Plat of 27.67 acres in the William Roberts Survey, to be known as the Reserve at Berry Creek, Section 1C, located north of the most southeast portion of Logan Ranch Road. Melissa McCollum presented the staff report. She explained that this has previously been before the Commission and City Council. Since this was longer than two years ago, the plan, consistent with the previous application, must be submitted for approval through the Planning and Zoning Commission and City Council. This plat is for 54 single-family homes, one part parkland lot and one part detention pond. They received variances before that allowed a radius of a local street to be 25 feet less than the requirement of 250 feet. This Public Review Final Plat was approved before with parkland dedication approved by receiving 50% credit for the private parkland on site, including the private parkland they have in the amenity center, and they paid 50% of the parkland fees. The developer would normally be required to pay $250 per lot of parkland dedication, and this application was approved to allow them to pay $125 per lot for this section and all previous sections. Any future sections will not fall under this waiver and will go to the Parks Board and this Commission for approvals. Commissioner Aadnesen quested why the applicant was given a 50% parkland requirement waiver. He stated that the Berry Creek developer has not given public parkland in the original agreement but was allowed to dedicate 50% of the original parkland requirement to a private golf course area and the rest of the parkland is a strip of land that is far away from the residents. The residents are upset that they do not have park areas for their small children. McCollum explained that this was part of a pre-existing agreement under a previous approval of a PRFP. Benton explained that this is currently a request for approval of a Record Final Plat under the rules of the previous approval. The Subdivision Regulations require a Public Hearing of this item after a certain time period has expired and before the plat has been recorded. This item had to be brought forward for public hearing and confirmation. Under future developments the new parkland dedication “rules” will apply, but this development falls under the previous parkland ordinance, through the entire approval process. Commissioner Seamans asked why this agreement was made previously. McCollum explained that the previous parkland dedication ordinance allowed this type of variance, whereas the new ordinance does not. Commissioner Johnny Anderson entered and was seated on the dais. Commissioner Kirby asked if legal counsel has been sought on this issue. Ms. Carls stated that she had generally reviewed all the applications. She is working on an interpretation of the question of whether when this application comes back for public hearing and approval, it falls under the old regulations, under which it was originally adopted, or the new regulations. Staff is recommending approval and extension of the previous application, based upon the previous parkland dedication ordinance, which was in effect at the time of approval, and allowed a 50% credit toward parkland dedication, and because of the developer is 90% complete with the infrastructure and is working consistently toward being able to record the final plat. Ms. Carl will review the documents and determine if the City is allowed to apply the new regulations to this development. She will take a few moments to review the facts pertinent to this case. Commissioner Seamans stated that he felt this Plat was given a time limitation for a reason and that he would not be able to recommend approval based on the complaints of the Berry Creek residents. Chair called on the applicant to address the Commission. Applicant speals to the issues and give history of ownership of property. Commissioner Kirby quested open drainage issues. Applicant stated that there is only one open drainage ditch and that the maintenance costs are too high to repeat this type of design again. Commissioner Seamans expressed concerns about lack of parklnad dedication and how long the developer had been discussing the parkland issues. Public Comment: Ron Bd – 3713 Brangus, Georgetown. Mr. Boyd expressed concern over the amount of drainage/stormwater that is currently flowing over this property and the increased amount of storm flow that this development would cause. Tony Boatman – 3701 Brangus, Georgetown. Mr. Boatman questioned a previous agreement with the City that a 500 foot privacy fence was to be built along the back of his property, between this proposed development and his house, by the developer. McCollum showed Mr. Boatman that a plat note was added to this development stating that an 8 foot privacy fence was to be built along lots 27 through 37, before any houses were to be constructed and tha ll houses constructed along that area were to be single-story structures. Commission adjourned to Executive Session at 7:26 p.m. for the purpose of legal consultation with City Attorney. Executive Session adjourned and Regular Session continued at 7:54 p.m. Applicant was offered an opportunity to respond to citizens. He stated there is currently another pond that is being built to capacity. It will detain all the water that is coming off the proposed development are and will release it in a controlled manner so that the flow across Mr. Boyd’s property will not be increased. They have also worked with engineers, including David Munk, the City’s engineer, so that the current flow across Mr. Boyd’s property is reduced by 37%. Munk stated that all the storms were reduced and that this water flows into a FEMA flood plain, which actually crosses Mr. Boy’d’s property. There is an existing 60 acre area drainage area in undeveloped Berry Creek that drains into the proposed 3-4 acre pond and it definitely flows across Mr. Boyd’s property and has since before the original development. Any other new development (other than within the 60 acres mentioned above) will drain to another are. The developer has not only controlled their flow but have reduced the existing rate across Mr. Boyd’s property. Mr. Boyd stated that the flooding across his property began in 1984 when the detention pond was built behind his property and states that the engineers were wrong at that time too. Commissioner Comments: Turner – This is a prickly situation. She stated that she felt the developer had followed the rules of the game, and not denying the problem with Mr. Boyd, she doesn’t feel there is a reason to deny the request. Aadnesen – He agrees with turner. Can’t vote for a denial but will write letters to assure Mr. Boyd, David Munk and the City are communicating. He believes that the developer has worked within the original guidelines as was required. Seamans – Thinks this item has brought up contention with surrounding neighbors. Doesn’t feel passing this with unaddressed problems is appropriate. Wants commitment from developer regarding the park situation. Anderson – Concerned about the facts of the water situation. Wants an additional study to make sure the City or developer is not making the situation worse. Kirby – will vote against the Record Final Plat because he is not sure Mr. Boyd has not been damaged and that a remedy needs to be found. He wants further study to determine the liability of the previous developer and a study to find a remedy for the parkland situation. McDonald – feels that Mr. Boyd is in a bad situation but that the developer has done all that were in the guidelines for him to do and then some. She hopes the developer will continue to operate in good faith. She will vote for this item. Motion by Kirby to deny the Record Final palt of 27.67 acres in the William Roberts Survey, to be known as the Reserve at Berry Creek, Section 1C, located north of the most southeast portion of Logan Ranch Road. Second by Seamans. Motion fails 3-4. Aadnesen, Glasco, McDonald and Turner voted against this motion. Motion by McDonald to approve to the City Council the Record Final Plat of 27.67 acres in the William Roberts Survey, to be known as the Reserve at Berry Creek, Section 1C, located north of the most southeast portion of Logan Ranch Road. Second by Turner. Aadnesen proposed an amendment that the Commission recommend to the City Council, along with the approval of the Record Final, that before approving this that the facts in dispute over remedies of this new development and Mr. Boyd’s property are explained, understood, and in place to control the groundwater that was described by the engineering department of the City. McDonald and Turner accept the amendment. Approved 4-3. Anderson, Seamans and Kirby voted against this motion. 7. Consideration and possible action on a Public Hearing for a Public Review Final Plat for 29.893 acres, out of the Burrell Eaves, the Frederick Foy and the Daniel Monroe Surveys, to be known as Sun City Georgetown, Neighborhood Thirty-Four, located along Sun City Boulevard. McCollum grave staff report. Todd Janssen of Del Webb came forward to answer questions. McDonald asked Janssen to address the negative public comments. He stated that he could not address what the citizen was promised when the purchased property in Sun City. He stated that this neighborhood has been in this form since 1998. Neighborhood 11, which this development affects, has been developed since 1999. This is the first public document submitted on this property, but the 1998 map shows the same boundary as this applicatoin. McDonald asked if this was a misinterpretation. Janssen agreed this was probably so. Chair Glasco asked for Commissioner comments. All Commissioners were supportive. Motion by Seamans to approve a Public Review Final Plat for 29.893 acres, out of the Burrell eaves, the Frederick Foy and the Daniel Monroe Surveys 8. Consideration and possible action on a Public Hearing for a Record Final Plat for a containing 7.220 acres out of the Nicholas Porter Survey, San Gabriel Village, Section Two, Phase 2, located on San Gabriel Village Boulevard, with possible variances to the Subdivision Regulations. Regular Agenda 9. Consideration and possible action on a Public Hearing for a Variance to the Subdivision Regulations for Lot 1 of the Amended River Bend V, Phase III, Lots 14-16, located at Gabriel View Drive, Booty’s Crossing Road and Parker Drive. 10. Consideration and possible action on a Public Hearing for a Rezoning of approximately 5.7 acres, out of the Nicholas Porter Survey, from RS, Single Family District to C2-A, Commercial First Height District, or more restrictive district, located on the west side of Austin Avenue located (approximately) between Williams Drive (south) and Apple Creek Drive (north) at 1106 North Austin Avenue. 11. Consideration and possible action on a Public Hearing for a Rezoning from RS, Residential Single Family to RM-2, Dense Multi-Family, or more restrictive district , for 1.812 acres, more or less, out of the Nicholas Porter Survey, located on Janis Drive; and C-2B, Commercial 2nd Height to RM-2, Dense Multi-Family, or more restrictive district, for 1.34 acres, more or less, out of the Nicholas Porter Survey, to be known as Ryan’s Cove Townhomes, located on Northwest Boulevard. 12. Consideration and possible action on a Public Hearing for a Century Plan Amendment for acres out of the William Addison Survey, from Intensity Level 3 to Intensity Level 4, located along Hwy 29, east of CR 188. 13. Consideration and possible action on a Public Hearing for a Rezoning from A, Agricultural to C-2A, Commercial First Height, or more restrictive district, of 2.80 acres out of the 1460 Commercial Park Subdivision, located at the southeast corner of Quail Valley Drive and FM 1460; and, I, Industrial to C-2A, Commercial First Height, or more restrictive district, of 1.99 acres, Lots 1 & 2, Block B, of the Horizon Commercial Park Subdivision, located at the southwest corner of Quail Valley Drive and Texstar Drive. 14. Consideration and possible action on a Public Hearing for a Rezoning of 13.403 acres, out of the Francis A. Hudson and the J. S. Patterson Surveys, from A, Agricultural, to I, Industrial, or any more restrictive district, for 3.403 acres, to be known as Park Central One, Section III, located on 200 Park Central Boulevard. 15. Staff comments and reports. a. Council Action update b. Director’s report 16. Commissioners comments and reports